I'm looking to resell your service here in Netherlands or EU not UK.
Anyone else that is doing it?
If yes how are you managing to include the overseas transfer of data in your own contracts?
Any suggestions of clausule to include in the contract?
Is it possible to resell CM in Netherlands without running in any legal issue?
Many questions but I just want to make sure that I'm doing the right thing here.
I'm talking about The Dutch Data Protection Act (known by its Dutch initials, Wbp) which contains rules on the transfer of personal data to countries outside the European Union.
It looks like an adequate level of protection shall only be deemed to apply for those companies and organisations that have undertaken to comply with the so-called Safe Harbour Principles.
As an Australian company we are not able to apply for Safe Harbor certification, but please see http://help.campaignmonitor.com/topic.aspx?t=152 which discusses our compliance with EU data laws.
I'm not 100% certain if the Dutch act differs from the overall EU laws though, so that would be something to check with legal advisors locally.
I was looking for someone else from Holland that is using Campaign Monitor as white label to understand how they were managing to do it. If I understand correctly the document should be signed between you and the client, I don't think it is possible to sign the contract in place of my clients. Therefore I see that the white label solution is not really applicable to European companies.
Can you bring me some examples of rebranded version of CM in Europe?
If I understood coorectly from reading the COMMISSION DECISION of 27 December 2001
on standard contractual clauses for the transfer of personal data to processors established in third countries, under Directive 95/46/EC, the sub-contractor which the reseller of CM should sign the disclosure with you on one side and with the client on the other side. That should be enough. I'd need that only because you are not part of the Safe Harbor program. It looks like company included on the program can be deemed as safe companies about the data protection.
Drop us an email to support at campaign monitor dot com and we can sort out what we need to get you going.